Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding the provisions of the sixth paragraph of subparagraph (1) of paragraph (a) of subdivision (1) of section twenty-four of chapter ninety of the General Laws, if a defendant in Essex or Hampden counties waives right to a jury trial pursuant to section eight of this act on a complaint under the aforementioned subdivision (1), he shall be deemed to have waived right to a jury trial on all elements of said complaint.

SECTION 2. Notwithstanding the provisions of the first sentence of paragraph (c) of subdivision (2) of said section twenty-four of said chapter ninety, in Essex and Hampden counties, the registrar, after having revoked the license or right to operate of any person under paragraph (b) of said subdivision (2), in his discretion may issue a new license or reinstate the right to operate to him, if the prosecution of such person has terminated in favor of the defendant, or after an investigation or upon hearing, may issue a new license or reinstate the right to operate to a person convicted in any court of the violation of any provision of paragraph (a) of said subdivision (2); provided, that no new license or right to operate shall be issued by the registrar to any person convicted of going away without stopping and making known his name, residence and the register number of his motor vehicle after having, while operating such vehicle upon any way or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, knowingly collided with or otherwise caused injury to any person, or to any person adjudged a delinquent child by reason thereof under the provisions of section fifty-eight B of chapter one hundred and nineteen of the General Laws, until one year after the date of revocation following his original conviction or adjudication if for a first offense or until two years after the date of revocation following any subsequent conviction or adjudication, or to any person convicted of using a motor vehicle knowing that such use is unauthorized until one year after the date of revocation following his original conviction or adjudication if for a first offense or until three years after the date of revocation following any subsequent conviction or adjudication, or to any person convicted of violating any other provisions of said paragraph (a) until sixty days after the date of revocation following his original conviction if for a first offense, or one year after the date of revocation following any subsequent conviction within a period of three years.

SECTION 3. Notwithstanding the provisions of the first paragraph of section fifty-six of chapter one hundred and nineteen of the General Laws, in Essex and Hampden counties, hearings upon cases arising under sections fifty-two to sixty-three, inclusive, of said chapter one hundred and nineteen may be adjourned from time to time. A child adjudged a delinquent child in said counties may, upon adjudication, appeal to a jury session in the district courts for the county where the hearing is held, as designated by the administrative justice for the district court department, except as provided in section fifty-seven of chapter two hundred and eighteen of the General Laws. Said child may also appeal to said jury session at the time of the order of commitment or sentence and both at the time of such adjudication and also at the time of such order of commitment or sentence, said child shall be notified of his right to appeal. If said child appeals to the jury session at either of said times, the said jury session shall thereupon have jurisdiction of such case, and such case shall forthwith be entered in the appropriate jury session, and all papers in the case shall be transferred to the jury session by the clerk of the court where the appeal is claimed. The appeal, if taken, shall be tried and determined in like manner as jury trials in criminal cases, except that the trial of such an appeal shall not be in conjunction with the other business of the district court, but shall be held in a session set apart and devoted exclusively to the trial of juvenile cases. This shall be known as the juvenile appeals session, and shall have a separate trial list and docket. All appealed juvenile cases in the district and juvenile courts shall be transferred to such list, and shall be tried, unless otherwise disposed of, by direct order of the court.

SECTION 4. Notwithstanding the provisions of the third paragraph of said section fifty-six of said chapter one hundred and nineteen, in Essex and Hampden counties, subject to the limitations set forth in section three of this act, and further subject to the limitations set forth in the second paragraph of section fifty-six of said chapter one hundred and nineteen, the justice presiding over a jury session shall have and exercise all the powers and duties which a justice sitting in the superior court department has and may exercise in the trial and disposition of criminal cases. No justice so sitting shall act in a case in which he has sat or held an inquest or otherwise taken part in any proceeding therein. Trials by juries shall proceed in accordance with the provisions of law applicable to trials by jury in the superior court, except that the number of peremptory challenges shall be limited to two to each defendant. The commonwealth shall be entitled to as many challenges as equal the whole number to which all the defendants in the case are entitled. For the jury sessions the superior court shall make available jurors from the pool of jurors for the jury sessions in the superior court; provided, however, that in district courts governed by chapter two hundred and thirty-four A of the General Laws, jurors shall be provided by the office of the jury commissioner in accordance with the provisions of said chapter two hundred and thirty-four A. Trial by jury shall be by juries of six persons, except that in those cases where trial would be only an indictment were the child an adult, said child shall be entitled to a jury of twelve.

SECTION 5. Notwithstanding the provisions of the fourth paragraph of section sixty-one of said chapter one hundred and nineteen, in Essex and Hampden counties, if the court orders that the delinquency complaint against a child be dismissed it shall cause to be issued a criminal complaint. The case shall thereafter proceed according to the usual course of criminal proceedings and in accordance with the provisions of section thirty of chapter two hundred and eighteen of the General Laws. When such complaint is issued, section sixty-eight of said chapter one hundred and nineteen shall apply to any person committed under this section for failure to recognize pending final disposition in the superior court.

SECTION 6. Notwithstanding the provisions of section twenty of chapter one hundred and twenty of the General Laws, in Essex and Hampden counties: (a) If under the provisions of sections eighteen and nineteen of said chapter one hundred and twenty the court confirms an order, the person whose liberty is involved may appeal to a district court jury session for a reversal or modification of the confirmation. The appeal shall be taken in the manner provided by law for appeal to the said jury session from judgments of a justice sitting without jury in criminal cases in counties other than Essex and Hampden. (b) After the hearing of the appeal the jury session may affirm the order of the justice, or modify it, or reverse it and order the appellant to be discharged by the board. (c) Pending the appeal the appellant shall remain under the control of the board.

SECTION 7. Notwithstanding the provisions of the first paragraph of section ten of chapter two hundred and eleven A of the General Laws, in Essex and Hampden counties, subject to such further appellate review by the supreme judicial court as may be permitted pursuant to section eleven of said chapter two hundred and eleven A or otherwise, the appeals court shall have concurrent appellate jurisdiction with the supreme judicial court, to the extent review is otherwise allowable, with respect to a determination made in the appellate tax board and in the superior court department, the housing court department, the land court department, the probate and family court department, the Boston municipal court department in jury session, the Boston municipal court department appellate division, the juvenile court department, the district court department in criminal session or civil jury session, except in review of convictions for first degree murder. A report from any such department of the trial court of any case, in whole or in part, on any question of law arising therein shall be deemed to be within the concurrent appellate jurisdiction of the supreme judicial court and the appeals court.

Without regard to whether review is by appeal, report or otherwise, appellate review of decisions made in the appellate tax board and in the superior court department, the housing court department, the land court department, the probate and family court department, the Boston municipal court department and the appellate division thereof, the juvenile court department, and the district court department, in criminal session or civil jury session, if within the jurisdiction of the appeals court, shall be in the first instance by the appeals court except in the following cases in which appellate review shall be directly by the supreme judicial court without the necessity of any prior hearing or decision by the appeals court on the merits of the issues sought to be reviewed:

(A) Whenever two justices of the supreme judicial court issue an order for direct review by the supreme judicial court in any case on appeal, either at the request of one of the parties or at the court's own initiative, upon finding that the questions to be decided are: (1) questions of first impression or novel questions of law which should be submitted for final determination to the supreme judicial court; (2) questions of law concerning the Constitution of the commonwealth or questions concerning the Constitution of the United States which have been raised in a court of the commonwealth; (3) questions of such public interest that justice requires a final determination by the supreme judicial court.

(B) Whenever the appeals court as a body or a majority of the justices of the appeals court considering a particular case certifies that direct review by the supreme judicial court is in the public interest.

In each case where appellate review is not within the jurisdiction of the appeals court, an appellate review shall be directly by the supreme judicial court, unless such case is transferred by the supreme judicial court to the appeals court for determination in accordance with section twelve of said chapter two hundred and eleven A.

SECTION 8. Notwithstanding the provisions of section twenty-six A of chapter two hundred and eighteen of the General Laws, in Essex and Hampden counties, trial of criminal offenses in the divisions of the district court department shall be by a jury of six, unless the defendant files a written waiver and consent to be tried by the court without a jury. Such waiver shall not be received unless the defendant is represented by counsel or has filed a written waiver of counsel. No decision on such waiver shall be required until after the completion of a pretrial conference and a hearing on the results of such conference and until after the disposition of any pretrial discovery motions and compliance with any order of the court pursuant to said motions. Such waiver shall be filed in accordance with the provisions of section eleven of this act; provided, however, that defense counsel shall execute a certificate signed by said counsel indicating that he has made all the necessary explanations and determinations regarding such waiver. The form of such certificate shall be prescribed by the administrative justice for the district court department.

Upon the motion of a defendant consistent with criminal procedure, the judge shall issue an order of discovery requiring any requested information to which the defendant is entitled and also requiring that the defendant be permitted to discover, inspect, and copy any material and relevant evidence, documents, statements of persons, or reports of physical or mental examinations of any person or of scientific tests or experiments, within the possession, custody, or control of the prosecutor or persons under his direction and control. Upon motion of the defendant the judge shall order the production by the commonwealth of the names and addresses of the prospective witnesses and the production by the probation department of the record of prior convictions of any such witness.

Trials by jury shall be in those jury sessions designated in accordance with section nine of this act. Where the defendant has properly filed a waiver and consent to be tried without a jury as hereinbefore provided, trial shall proceed in accordance with the provisions of law applicable to jury waived trials in the superior court; provided, however, that at the option of the defendant, the trial may be before a judge who has not rejected an agreed recommendation or dispositional request made by the defendant pursuant to the provisions of section nineteen of this act. Review in such cases may be had directly by the appeals court, by appeal, report or otherwise in the same manner provided for trials of criminal cases in the superior court.

The justice presiding over such jury waived trials shall have and exercise all of the powers and duties which a justice sitting in the superior court department has and may exercise in the trial and disposition of criminal cases including the power to report questions of law to the appeals court, but in no case may he impose a sentence to the state prison.

The justice presiding at such jury waived session shall, upon the request of the defendant, appoint a stenographer; provided, however, that where the defendant claims indigency, such appointment is determined to be reasonably necessary in accordance with the provisions of chapter two hundred and sixty-one of the General Laws. Such stenographer shall be sworn, and shall take stenographic notes of all the testimony given at the trial, and shall provide the parties thereto with a transcript of his notes or any part thereof taken at the trial or hearing for which he shall be paid by the party requesting it at the rate fixed by the administrative justice for the district court department; and provided, further, that such rate shall not exceed the rate provided by section eighty-eight of chapter two hundred and twenty-one of the General Laws. Said administrative justice may make regulations not inconsistent with law relative to the assignments, duties and services of stenographers appointed for sessions in his department and any other matter relative to stenographers. The compensation and expenses of a stenographer shall be paid by the commonwealth.

The request for the appointment of a stenographer to preserve the testimony at a trial shall be given to the clerk of the court by the defendant in writing no later than forty-eight hours prior to the proceeding for which the stenographer has been requested. The defendant shall file with such request an affidavit of indigency and request for payment by the commonwealth of the cost of the transcript and the court shall hold a hearing on such request prior to appointing a stenographer, in those cases where the defendant will be unable to pay said cost. Said hearing shall be governed by the provisions of chapter two hundred and sixty-one of the General Laws, and the cost of such transcript shall be considered an extra cost as provided therein. If the court is unable, for any reason, to provide a stenographer, the proceedings may be recorded by electronic means. The original recording of proceedings in a division of the district court department made with a recording device under the exclusive control of the court shall be the official record of such proceedings. Said record or a copy of all or a part thereof, certified by the administrative justice for the district court department, or his designee, to be an accurate electronic reproduction of said record or part thereof, or a typewritten transcript of all or a part of said record or copy thereof, certified to be accurate by the court or by the preparer of said transcript, or stipulated to by the parties, shall be admissible in any court as evidence of testimony given whenever proof of such testimony is otherwise competent. The defendant may request payment by the commonwealth of the cost of said transcript subject to the same provisions regarding a transcript of a stenographer as provided hereinbefore.

In any case heard in a jury waived session where a defendant is placed on probation or placed under probation supervision, he shall thereafter be supervised by the probation officer of the court in which the case originated, unless the trial justice shall order otherwise and unless the regulations of the commissioner of probation provide otherwise.

SECTION 9. Notwithstanding the provisions of section twenty-seven A of said chapter two hundred and eighteen, Essex and Hampden county divisions of the district court department are authorized to hold jury of six sessions for the purpose of conducting jury trials of cases commenced in said divisions of criminal offenses over which said divisions have original jurisdiction under the provisions of section twenty-six of said chapter two hundred and eighteen. The administrative justice for the district court department shall designate at least one division in each of said counties for the purpose of conducting jury trials; provided, however, that with the approval of the administrative justice for the superior court department, facilities of said superior court may be designated by the chief administrative justice of the trial court for the conduct of jury trials in cases commenced in said divisions of the district court department.

The administrative justice for the district court department may also designate one or more divisions in each of said counties for the purpose of conducting jury waived trials of cases commenced in any division of said county consistent with the requirements of the proper administration of justice.

A defendant in said divisions of the district court department who waives his right to jury trial as provided in section eight of this act shall be provided a jury waived trial in the same division if such has been established in said division. If such has not been so established, the defendant shall be provided a jury waived trial as hereinbefore designated.

A defendant in said divisions of the district court department who does not waive his right to jury trial as provided in section eight of this act shall be provided a jury trial in a jury of six session in the same division if such has been established in said division. If such session has not been so established, the defendant shall be provided a jury trial in a jury of six session as hereinbefore designated. In cases where the defendant declines to waive the right to jury trial, the clerk shall forthwith transfer the case for trial in the appropriate jury session. Such transfer shall be governed by procedures to be established by the administrative justice for the district court department.

The justice presiding over a jury of six session shall have and exercise all powers and duties which a justice sitting in the superior court department has and may exercise in the trial and disposition of criminal cases including the power to report questions of law to the appeals court, but in no case may he impose a sentence to the state prison.

Trials by juries of six shall proceed in accordance with the provisions of law applicable to trials by jury in the superior court except that the number of peremptory challenges shall be limited to two to each defendant. The commonwealth shall be entitled to as many challenges as equal the whole number to which all the defendants in the case are entitled.

For the jury of six session, the superior court shall make available jurors from the pool of jurors for the jury sessions in either civil or criminal sessions in the superior court; provided, however, that in district courts governed by chapter two hundred and thirty-four A of the General Laws, jurors shall be provided by the office of the jury commissioner in accordance with provisions of said chapter.

The district attorney for the district in which the alleged offense or offenses occurred shall appear for the commonwealth in all cases in which the right to jury trial has not been waived and may appear in any other case. The administrative justice for the district court department shall arrange for the sittings of the jury sessions and shall assign justices thereto, to the end that speedy trials may be provided. Review may be had directly by the appeals court, by appeal, report or otherwise in the same manner provided for trials of criminal cases in the superior court.

The justice presiding at such jury of six session shall, upon the request of the defendant, appoint a stenographer; provided, however, that where the defendant claims indigency, such appointment is determined to be reasonably necessary in accordance with the provisions of chapter two hundred and sixty-one of the General Laws. Such stenographer shall be sworn, and shall take stenographic notes of all the testimony given at the trial, and shall provide the parties thereto with a transcript of his notes or any part thereof taken at the trial or hearing for which he shall be paid by the party requesting it at the rate fixed by the administrative justice for the district court department; and provided, further, that such rate shall not exceed the rate provided by section eighty-eight of chapter two hundred and twenty-one of the General Laws. Said administrative justice may make regulations not inconsistent with law relative to the assignments, duties and services of stenographers appointed for sessions in his department and any other matter relative to stenographers. The compensation and expenses of a stenographer shall be paid by the commonwealth.

The request for the appointment of a stenographer to preserve the testimony at a trial shall be given to the clerk of the court by the defendant in writing no later than forty-eight hours prior to the proceeding for which the stenographer has been requested. The defendant shall file with such request an affidavit of indigency and request for payment by the commonwealth of the cost of the transcript and the court shall hold a hearing on such request prior to appointing a stenographer, in those cases where the defendant will be unable to pay said cost. Said hearing shall be governed by the provisions of chapter two hundred and sixty-one of the General Laws, and the cost of such transcript shall be considered an extra cost as provided therein. If the court is unable, for any reason, to provide a stenographer, the proceedings may be recorded by electronic means. The original recording of proceedings in a division of the district court department made with a recording device under the exclusive control of the court shall be the official record of such proceedings. Said record or a copy of all or a part thereof, certified by the administrative justice for the district court department, or his designee, to be an accurate electronic reproduction of said record or part thereof, or a typewritten transcript of all or a part of said record or copy thereof, certified to be accurate by the court or by the preparer of said transcript, or stipulated to by the parties, shall be admissible in any court as evidence of testimony given whenever proof of such testimony is otherwise competent. The defendant may request payment by the commonwealth of the cost of said transcript subject to the same provisions regarding a transcript of a stenographer as provided hereinbefore.

In any case heard in a jury of six session where a defendant is placed on probation or placed under probation supervision, he shall thereafter be supervised by a probation officer of the court in which the case originated, unless the trial justice shall order otherwise and unless the regulations of the commissioner of probation provide otherwise.

SECTION 10. The provisions of section thirty-one of said chapter two hundred and eighteen shall not apply in Essex and Hampden counties.

SECTION 11. Notwithstanding the provisions of section six of chapter two hundred and sixty-three of the General Laws, in Essex and Hampden counties, a person complained against or indicted for a crime shall not be convicted thereof except by the entry of a finding of guilt by the court following the submission and acceptance of a plea of guilty, by the verdict of the jury accepted and recorded by the court or, in any criminal case other than a capital case, by judgment of the court. Any defendant in a criminal case other than a capital case, whether begun by indictment or upon complaint, may, if he shall so elect, when called upon to plead, or later and before a jury has been impanelled to try him upon such indictment or complaint, waive his right to trial by jury by signing a written waiver thereof and filing the same with the clerk of the court. If the court consents to the waiver, he shall be tried by the court instead of by a jury, but not, however, unless all the defendants, if there are two or more charged with related offenses, whether prosecuted under the same or different indictments or complaints, shall have exercised such election before a jury has been impanelled to try any of the defendants; and in every such case the court shall have jurisdiction to hear and try such cause and render judgment and sentence thereon. Except where there is more than one defendant involved as aforesaid, consent to said waiver shall not be denied in the district court if the waiver is filed before the case is transferred for jury trial to the appropriate jury session, as provided in section eight of this act.

SECTION 12. Notwithstanding the provisions of section four of chapter two hundred and seventy-five of the General Laws, in Essex and Hampden counties, if the person complained of is convicted, he may be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months. He may appeal as in other criminal cases in the divisions of the district court. Instead of imposing sentence, the court or justice may order the person complained of to enter into a recognizance, with sufficient sureties, in such sum as the court or justice orders, to keep the peace toward all the people of the commonwealth, and especially toward the person requiring such security, for such term, not exceeding six months, as the court or justice may order. The court or justice may, for good cause, revoke such order or reduce the amount of the recognizance, or order that it be taken without surety.

SECTION 13. Notwithstanding the provisions of section eight of said chapter two hundred and seventy-five, in Essex and Hampden counties, whoever having waived jury trial in accordance with the provisions of section eight of this act is aggrieved by an order of the district court, requiring him to recognize as provided in section twelve of this act may, upon giving the security required, appeal to the jury session designated pursuant to section nine of this act for the conduct of jury trials in cases brought in the division wherein said order was made.

SECTION 14. The provisions of section ten of said chapter two hundred and seventy-five shall not apply in Essex and Hampden counties.

SECTION 15. Notwithstanding the provisions of section eleven of said chapter two hundred and seventy-five, in Essex and Hampden counties, if the appellant fails to prosecute his appeal of an order of recognizance, his recognizance shall remain in full force and effect as to any breach of the condition, without an affirmation of the judgment or order of the court or justice, and shall also stand as security for any expenses of prosecution which the justice in the jury session may order the appellant to pay.

SECTION 16. Notwithstanding the provisions of section thirteen of said chapter two hundred and seventy-five, in Essex and Hampden counties, upon a breach of the condition of a recognizance taken pursuant to the provisions of sections twelve to fifteen, inclusive, of this act, an action thereon shall be commenced by the district attorney in the court in which the recognizance is then on file.

SECTION 17. Notwithstanding the provisions of the sixth paragraph of section fifty-eight of chapter two hundred and seventy-six of the General Laws, in Essex or Hampden counties, except where the defendant has defaulted on his recognizance or has been surrendered by a probation officer, an order of bail or recognizance shall not be revoked, revised or amended by the district court because the defendant has been bound over to the superior court; provided, however, that if any court, in its discretion, finds that changed circumstances or other factors not previously known or considered, make the order of bail or recognizance ineffective to reasonably assure the appearance of said defendant before the court, the court may make a further order of bail, either by increasing the amount of the recognizance or requiring sufficient surety or both, which order will not revoke the order of bail or recognizance previously in force and effect. The court may also review such changed circumstances or other factors not previously known or considered in accordance with the provisions of the third paragraph of said section fifty-eight.

SECTION 18. Notwithstanding the provisions of section sixty-five of said chapter two hundred and seventy-six, in Essex and Hampden counties, the condition of a recognizance of a person, either with or without surety, binding him to appear before a court or justice to answer to a charge against him or to prosecute an appeal shall be so framed as to bind him personally to appear at the time so expressed, and at any subsequent time to which the case may be continued, unless previously surrendered or discharged, and so from time to time, until the final decree, sentence or order of the court or justice thereon, and to abide such final sentence, order or decree, and not depart without leave. The condition of a recognizance of a person held to answer to a charge before a district court shall be further so framed as to bind him to appear before the district court to answer to the charge or to answer to any indictment which may be returned against him. The superior court shall by rule provide for the forms of recognizances and bail bonds. A recognizance of a person held to answer to a complaint before a district court which is required by law to sit in more than one municipality may, with his consent or at his request, be conditioned for his appearance at the next sitting of the court at any one of said municipalities.

SECTION 19. Notwithstanding the provisions of any law to the contrary, in Essex and Hampden counties a defendant who is before a district court on a criminal offense within the court's original jurisdiction shall plead not guilty or guilty, or with the consent of the court, nolo contendere. Such plea of guilty shall be submitted by the defendant and acted upon by the court; provided, however, that in said divisions of the district court a defendant with whom the commonwealth cannot reach agreement for a recommended disposition shall be allowed to tender a plea of guilty together with a request for a specific disposition. Such request may include any disposition or dispositional terms within the court's jurisdiction, including, unless otherwise prohibited by law, a dispositional request that a guilty finding not be entered, but rather the case be continued without a finding to a specific date thereupon to be dismissed, such continuance conditioned upon compliance with specific terms and conditions or that the defendant be placed on probation pursuant to the provisions of section eighty-seven of chapter two hundred and seventy-six of the General Laws. If such a plea, with an agreed upon recommendation or with a dispositional request by the defendant, is tendered in the district court, the court shall inform the defendant that it will not impose a disposition that exceeds the terms of the agreed upon recommendation or the dispositional request by the defendant, whichever is applicable, without giving the defendant the right to withdraw the plea.

If a defendant, notwithstanding the requirements set forth hereinbefore, attempts to enter a plea or statement consisting of an admission of facts sufficient for finding of guilt, or some similar statement, such admission shall be deemed a tender of a plea of guilty for purposes of the procedures set forth in this section.

Any pretrial motion filed in a criminal case pending in the district court and decided before entry of defendant's decision on waiver of the right to jury trial shall not be refiled or reheard thereafter, except in the discretion of the court as substantial justice requires. Any such pretrial motion not filed or filed but not decided prior to entry of the defendant's decision on waiver of the right to jury trial may be filed thereafter but not later than twenty-one days after entry of said decision on waiver of the right to jury trial, except for good cause shown.

SECTION 20. The provisions of sections eighteen, nineteen, twenty and twenty-two of chapter two hundred and seventy-eight of the General Laws shall not apply in Essex and Hampden counties.

SECTION 21. Notwithstanding the provisions of section twenty-three of chapter two hundred and seventy-eight of the General Laws, in Essex and Hampden counties, at the trial of a criminal case in the superior court, upon indictment, or in a district court, the fact that the defendant did not testify at any preliminary hearing in the first court, or that at such hearing he waived examination or did not offer any evidence in his own defense, shall not be used as evidence against him, nor be referred to or commented upon by the prosecuting officer.

SECTION 22. The provisions of sections twenty-four, twenty-five and twenty-six of said chapter two hundred and seventy-eight shall not apply in Essex and Hampden counties.

SECTION 23. Notwithstanding the provisions of section twenty-eight of said chapter two hundred and seventy-eight, in Essex and Hampden counties a defendant aggrieved by a judgment of a district court or of the superior court in any criminal proceeding may appeal therefrom to the supreme judicial court.

SECTION 24. The provisions of the second paragraph of section one A of chapter two hundred and seventy-nine of the General Laws shall not apply in Essex and Hampden counties.

SECTION 25. The administrative justice for the district court department, with the approval or at the direction of the supreme judicial court, may request the general court to suspend this act if he finds that circumstances have arisen which seriously delay the trial of cases and seriously impede the administration of justice.

SECTION 26. The provisions of this act shall be implemented by the chief administrative justice for the district court department and shall be effective in Essex and Hampden counties for a period of two years commencing on July first, nineteen hundred and eighty-seven and shall apply only to criminal prosecutions commenced on or after July first, nineteen hundred and eighty-seven, said commencement to be defined as the date of arrest, or in cases not initiated by arrest, the date of the issuance of a criminal complaint.

SECTION 27. In the event that the provisions of this act are not extended by the general court prior to July first, nineteen hundred and eighty-nine, or in the event that the provisions of this act are suspended by the general court prior to said date, criminal prosecutions pending or initiated in district courts in Essex and Hampden counties in which the defendant has not elected, as of the date of such expiration or suspension, either a trial by a jury of six or a trial by a court without a jury shall be conducted pursuant to all applicable provisions of the General Laws and shall not be subject to the provisions of this act; provided, however, that criminal prosecutions pending in said counties as of the date of such expiration or suspension in which the defendant has elected either a trial by a jury of six or a trial by a court without a jury shall continue to be conducted according to the provisions of this act.

SECTION 28. The administrative justice for the district court department of the trial court, in consultation with the district attorneys for Essex and Hampden counties and the committee for public counsel services, shall prepare and file with the clerks of the senate and house of representatives and the house committee on ways and means, an initial report on the implementation of this act, on or before January first, nineteen hundred and eighty-eight, an interim report on said implementation, on or before January first, nineteen hundred and eighty-nine, and a final report on said implementation, on or before January first, nineteen hundred and ninety. Said reports shall provide detailed information concerning the status and effect of implementation of this act, including but not limited to any costs incurred as a result of such implementation as well as a statistical analysis of the disposition of criminal prosecutions conducted pursuant to the provisions of this act which indicate for each district court the total number of cases entered, the number of cases disposed before trial, the number of cases tried by a jury of six, the number of cases tried by a court without a jury and the average time between entry and disposition of cases in each such category.